Registration of Title Act 1964

Certificates.

105

105. (1) Subject to general rules, the land certificate or certificate of charge granted on the registration of an owner of land, or of a charge on land, shall be produced to F137 [ the Authority ] on any subsequent transaction in relation to the land or charge requiring registration, as the case may be, and shall be either cancelled or so altered as to be brought into conformity with the register.

(2) Subject to general rules, F137 [ the Authority ] may, on the application of the registered owner, or of any person appearing to F137 [ the Authority ] to be entitled to require the production of a land certificate or certificate of charge, order any person in whose custody the certificate may be to produce the certificate to F137 [ the Authority ] for the purpose of any dealing with the registered land or charge which can be effected without the consent of the person having the custody of the certificate.

(3) The production of a certificate under this section shall not alter the right to the custody of the certificate, and shall not affect any lien of any person thereon.

(4) A land certificate or certificate of charge shall be prima facie evidence of the several matters therein contained.

(5) Subject to any registered rights, the deposit of a land certificate or certificate of charge shall, for the purpose of creating a lien on the land or charge to which the certificate relates, have the same effect as a deposit of the title deeds of unregistered land or of a charge thereon.

Annotations:

Amendments:

F137

Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 4(2), S.I. No. 511 of 2006.

Modifications (not altering text):

C36

Application of section restricted (1.01.2007) by Registration of Deeds and Title Act 2006 (12/2006), s. 73(1)(b), S.I. No. 511 of 2006.

Abolition of land certificates and certificates of charge.

73.— (1) The Authority shall cease to issue land certificates and certificates of charge under the Act of 1964, and accordingly— ...

(b) section 105 (certificates) thereof—

(i) applies only in relation to land certificates and certificates of charge issued before the commencement of this subsection and not already cancelled, and

(ii) ceases to have effect 3 years after the commencement of subsection (2).

(2) Subject to subsection (3), land certificates and certificates of charge issued before the commencement of subsection (1) and not already cancelled cease to have any force or effect on the expiration of the period of 3 years after the commencement of this subsection.

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